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MEENAKSHI I. MEHTA
Hardeep Singh – Appellant
Versus
Harjinder Singh – Respondent
JUDGMENT :
MEENAKSHI I. MEHTA, J.
Feeling aggrieved by the order dated 05.11.2022 (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Amritsar (for short ‘the trial Court’), whereby the application (Annexure P-2) moved by the petitioner-applicant (here-in-after to be referred as ‘the applicant’) under Order 1 Rule 10 read with Section 151 CPC for being impleaded as defendant No.9 in the Civil Suit, filed by respondent No.1-plaintiff (for short ‘the plaintiff’) against respondents No.2 to 8-defendants (here-in-after to be referred as ‘the defendants’), has been dismissed, he (applicant) has preferred the instant revision petition.
2. Bereft of unnecessary details, the facts, culminating in the filing of this revision petition, are that the plaintiff filed a Civil Suit against the defendants for seeking a decree for declaration to the effect that the sale-deed dated 09.02.2012 executed by one Gurbax Singh in respect of the suit property was illegal, null and void, while further praying for the grant of permanent injunction to restrain the defendants from dispossessing him from the said property and also for the relief of mandatory injunction, by directing them (de
The legal principle established is that a subsequent purchaser during the pendency of a Civil Suit may not necessarily be impleaded as a necessary party, especially if the purchase occurred with know....
Necessary parties with any right, title, or interest in the disputed property are required for granting/refusing the relief of injunction in a suit.
Bona fide purchaser's impleadment necessary; civil court decides title post-trial despite document cancellation.
Impleadment of a third party must be necessary for effective and complete adjudication of the suit issues, and should not enlarge the scope of the suit or divert the issue from biparti to tri party.
The court emphasized the necessity of allowing a bonafide purchaser to defend their interest in a suit for specific performance.
Point of Law : Presence of the transferee pendent lite is necessary for complete and effective adjudication of the suit and issues involved therein and the court below has exercised its discretion in....
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